Court orders firm to pay N6.1m compensation over unlawful sack
The National Industrial Court (NIC), Ibadan Division, has ordered a company, Shongai Technologies Limited and its Operations Manager, Mr. Nasarvali Dudekeh, to pay one of its sacked staff, Mr. Omene Andy Robinson, N6,142,816.
The money serves as general damages, earned entitlements, a penalty for unlawful termination of appointment, and inhuman treatment meted out to Robinson in the course of his duty in the company.
Robinson was a machine operator with the company.
The suit was filed on his behalf by Femi Aborisade with Rasheedat Akinrinde before Justice J.D. Peters.
The firm, which is the second defendant, was represented by Sir J. T. Ogunniyi with C. B. Ayankoso.
Judgment in the suit marked NICN/AB/03/2020 was delivered on April 9, 2025.
In it, the judge held that the first defendant, Dudekeh, as Operations Manager of the second defendant, harassed and maltreated the claimant while at work at about 3.20 p.m. on September 8, 2019.
The court also held that the first defendant meted out slavish and vicious punitive measures on the claimant by slapping and beating him as a means of managerial control.
The judge noted that the claimant was hospitalised at the medical facility of the second defendant, Shirsh Medical Clinic, as a result of the violence.
The claimant, the judge declared, was treated for about four days in the hospital and incurred some expenses on medications.
The claimant also averred that the defendants have refused to pay him his monthly salaries and allowances and that he is entitled to N812,646.00 as earned but unpaid salaries and bonus for December 2019.
He said it started from the month of September 2019 till June 2020, when his employment was terminated without notice and for no reason.
He had prayed the court to hold “that the acts of the second defendant were unlawful, illegal and constitute unfair labour practices.”
Both the first and second defendants, however, denied liability to the claimant.
The second defendant also made certain counterclaims.
The defendants, through Ogunniyi, argued that “the second defendant is not vicariously liable to pay compensation and damages to the claimant in respect of the alleged assault of September 8, 2019, allegedly committed by the first defendant against the claimant in the factory.
“A declaration that the claimant, having abandoned his duty post in the employment of the second defendant, stays at home and refuses to work and perform his duty since September 2019 till June 2020, is not entitled to be paid the sum of N812,646 being salaries and entitlements for that period during which he did not work.
“That the alleged assault was framed up.”
The second defendant, therefore, sought N1 million against the claimant being the expenses incurred by the second defendant in defending the suit initiated by the claimant.
But Robinson disagreed, asking the court for “a declaration that the defendants are liable for the slavish treatment.”
He also prayed for a declaration that the claimant is entitled to compensation by the defendants for damages suffered, demanding to be paid the sum of N812,646 in earned but unpaid entitlement from September 2019 to June 24, 2020, as well as N6 million damages, among others.
In his judgment, Justice Peters dismissed all the counterclaims sought by the defendants for lack of proof, cogent, credible and admissible evidence.
The court subsequently ordered the second defendant to pay the claimant the sum of N812,646 in earned but unpaid entitlement from September 2019 to 24 June 2020.
“I hereby order the second defendant to pay the claimant the sum of N78,176 being one month’s salary in lieu of notice, which the second defendant did not pay before terminating the claimant for no stated reason and with immediate effect.
“I also order the first and second defendants jointly and severally to pay the claimant special damages in the sum of N52,000 for drug purchases on October 19, 2019 and November 9, 2019.
“The defendants are ordered, jointly and severally, to pay the claimant the sum of N5,000,000 as general damages for the acts of harassment at work, slavish and inhumane treatment by slapping and beating the claimant by the first defendant,” the judge declared.
In addition, the defendants were also ordered to pay to the claimant the cost of filing the suit, assessed at N200,000 only.